Date of Filing: 29-12-2016

                                                                              Date of Order: 20-03-2020

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD

P r e s e n t­

HON’BLE  Sri  P.VIJENDER, B.Sc. L.L.B., PRESIDENT

HON’BLE Sri  K.RAM MOHAN, B.Sc. M.A L.L.B.,   MEMBER

HON’BLE Smt. CH. LAKSHMI PRASANNA, B.Sc. LLM.  (PGD (ADR)                     

                                                   MEMBER

On this the Friday  the 20^th  day of March, 2020

C.C.No.76 /2017

Between

Mohd. Javeed Uddin,

H.No.1-73/8, Shop No.1, Ahmed Plaza,

Opp: R T T C, Gachibowli, Hyderabad T.S.32.                ……Complainant

And

Proprietor,

Professional Courier, 101, Jade Arcade,

M.G. Road, Paradise, Secunderabad,

Hyderabad, T.S. – 500 003.

Rep.by Thomas John.                                                            ….Opposite Party

Counsel for the complainant             :  Sri Krishna Rao

Counsel for the opposite Parties       :  M/s.D.Madhava Rao

O R D E R

(By Sri K.RAM MOHAN, B.Sc. M.A L.L.B.,  MEMBER on behalf of the    

                                                   bench)

1. This complaint has  been instituted under Section 12 of C.P. Act 1986 alleging that non-payment of arrears  on  accrued commission  from October, 2015 to September, 2016, not refunding the deposited amount etc.,   on the part of the opposite party amounts to    deficiency in  service,  thereby   praying this Forum to direct the opposite party to pay  ……

1.  Rs.10,865/- towards arrears of commission accrued to him from October 2015 to September,2016
2. Rs.5,000/- being  the refundable security deposit paid by the complainant.
3. Rs.20,000/-being  the amount spent by the complainant to purchase the office equipment  and furniture, in the hope of running  the business.
4. Rs.50,000/- towards harassment  and mental anguish caused by the opposite party to the complainant.
5. Rs.84,000/- being  the rents paid by the  complainant in the hope of continuation of courier business.
6. To pay for cost of complaint and
7. For any other relief / reliefs as may be deemed fit and proper.   

2. Briefly stated the facts of the case relevant for disposal of this complaint are that :

Complainant entered into an  agreement on dated 26.10.15 with the opposite party by depositing  the amount of Rs.5,000/- towards security  which is refundable  if the said agreement  is cancelled by the opposite parties  within a period of 12 months  from the date of commencing  of the agreement, for the  purpose of carrying on business on the name and style of “express collection center” .  In pursuance of the agreement the complainant commenced activities  of booking of  consignments by  collecting  amounts from the  consigners, which is   collected  by the  representative of the opposite party every day.  The obligation of the opposite party, as per the contract is  payment of   commission amount   @  25% on domestic destinations and 10%  on the international destinations to the complainant  for which the opposite party started supplying printing material and related stationary  to the complainant. The opposite party stopped  delivering  the required   stationary  to the complainant with  an intention to close the business with the complainant. All the efforts put up by the complainant for getting stationary and to continue the business have     futile.  As  the opposite party failed  to supply to do so  the complainant despite  making personal visits  to the office of the opposite party could not get his arrears of commission as  per the contract   w.e.f. October, 2015.  In spite of receiving  the legal notice by the opposite party the complainant could not get his arrears of commission nor  refund of security deposit. Hence this complaint  with a prayer to grant  relief,  as stated supra.

3)                   The  opposite  party by resisting   the complaint has filed it is written   version contending that the complaint is not maintainable on the ground that the complainant is not a consumer.  In view of the agreement as stated above  entered between   them is  on the basis of business to business  entities  and  pleading that  purpose of the agreement amounts  is on “commercial purpose” .As such  this Forum  cannot entertain the complaint filed by the complainant  before this Forum for adjudication of the dispute.  Hence  praying this Forum to dismiss the complaint with costs.

4)      During the  course of enquiry, the complainant has filed evidence affidavit  supported by 7 documents which have been got

          marked as A1 to A7.   For the opposite parties  evidence affidavit  has been filed support by 12 documents which have been got marked as Exhibit B1 to B12.  Both the parties have filed written arguments and advanced oral arguments. Heard the learned counsel for the both and on perusal of the documents brought on record in order to adjudicate the dispute   for the purpose  of disposal of this complaint  the following  points have now emerged  for consideration:

1.  Whether carrying on activities under the said agreement amounts to commercial  purpose and the complaint is  maintainable?
2. Whether  the complainant is entitled to releifs as claimed for in the complaint? if so what reliefs.

         On appreciating  the  facts and  evidences by considering  pleadings  and material on record this Forum has come to the conclusion as mentioned in which  the following points.

5)     Point No.(i):-. As per the  copy of the agency agreement  dated 20^th October, 2015, filed by the complainant  vide Exhibit  A1,  as is vivid and distinct that the complainant has claimed his  occupation in it as “business”.  The activities  require to  be carried on for  and  her booking consignment,  collection of amounts for the same, handing over the collected opposite parties  representative at his  office and  payment of  commission  by the opposite party @ 25% of domestic   destination and 10% international destinations to the complainant from day to day  basis tantamount to business  / commercial purpose.  The complainant also nowhere has pleaded that the said  activities  being carried on for the purpose of  earning his livelihood by means of self – employment.  Considering this discussion in view  and taking provisions of the Sec.2(1)(d)  (ii)  of  the Consumer Protection ACT, 1986  the complainant is not a consumer  and the complaint filed  by him before this Forum is not maintainable.  As such this Forum has no jurisdiction to adjudicate the dispute.  Even on merits also as per the agreement the opposite party is not liable to make any payment to the complainant.  As  such  there is no deficiency in service in making  payment to the complainant by the opposite party .  Hence the answer at this point is against the complainant but in favour of the opposite party.

            6)       Point No.3: In view of the discussions held in point No.(i)  the complainant is not entitled to any relief as prayed for in the complaint.

In the result, the complaint is  dismissed with  no order as to costs.

Dictated to steno, transcribed and typed by her, pronounced  by us on this the  20^th   day of ,March 2020

MEMBER                             MEMBER                               PRESIDENT

APPENDIX OF EVIDENCE

WITNESS EXAMINED

                                                  Nil

Exs. filed on behalf of the Complainant:

Ex.A1 - Copy of  Agency Agreement dt.20.10.2015

Ex.A2 – Copy o0f Legal notice dt. 11.10..2016

Ex.A3 – Reply legal notice

Ex.A4 – Amount  paid  to opposite party

Ex.A5 – Rental agreement, 22.9.2015

Ex.A6 – Xerox copies of voucher

Ex.A7 – Verified affidavit

Exs. filed on behalf of the Opposite party 

Ex.B1  Mismanagement of cash bookings

Ex.B2 – Intimation about dues  

Ex.B3 -  Copy of missing of C notes

Ex.A4 – Receipt dt.23.7.2016

Ex.B5 – Letter to opposite parties dt.20.10.2015

Ex.A6 – Copy of cash sales Debit vouchers dt.20.12.2015

Ex.B7 –  Debit vouchers dt.20.12.2015

Ex.B8 - Copy of Pro commission details

Ex.B9 - Copy of Pro commission details

Ex.B10 - Copy of Pro commission details

Ex.B11 - Copy of Pro commission details

Ex.B12 – Booking Statement

MEMBER                               MEMBER                               PRESIDENT